Proposed rule changes include
the creation of a Finfish
Fishery Proclamation, '
58.301 - ' 58.304, which
creates the elements of
a finfish license management
program including rules
to establish: a commercial
finfish fishing license,
eligibility requirements
to receive the license in
the 2000-2001 license year
and subsequent years, provisions
for transfer of licenses,
the number of licenses an
individual may possess,
and rules regarding license
requirements when commercial
finfish fishing. A Review
Board made up of 9 members
distributed proportionally
to historical finfish fishing
license holders is created
to review and advise the
Department regarding appeal
and hardship cases for eligibility
into the license management
program. The provisions
for a license buyback program
are established which allows
the Department to purchase
and retire commercial finfish
fishing licenses in the
future.

The rule changes combine
to create a finfish fishery
license management program
and should provide increasing
social and economic benefits
for the finfish fishery
in Texas. The program should
stabilize effort in the
fishery, thus creating a
more stable and economically
viable industry. The program
should also provide the
mechanisms needed to ensure
reduction of effort through
time, allowing for the long-term
recovery and protection
of the finfish fishery.

II. Recommendation: The
staff recommends the Regulations
Committee adopt the following
motion:

"The Regulations
Committee of the Texas
Parks and Wildlife Commission
authorizes staff to carry
the proposed regulation
changes to the full
Commission for consideration
for adoption."

Delegation of Authority.
The Commission delegates
power and authority to
the executive director
to administer the Finfish
License Management

'58.302: Display
of License

(a) A boat operated
for the purposes of commercial
finfish fishing is required
to have a commercial finfish
fisherman's license plate
issued under this subchapter
prominently displayed
as to be clearly visible
from both sides of the
boat.

(b) No more than
one set of commercial
finfish fisherman's license
plates may be on board
a commercial finfish fishing
boat at any one time.

'58.303: License
Transfer.

A commercial finfish
fisherman's license may
be transferred at any
time.

'58.304: License
Buyback Program

(a) Delegation
of Authority. The commission
delegates power and authority
to the executive director
to administer the Finfish
License Buyback Program.

(b) Twenty percent
of commercial finfish
fisherman's license and
commercial finfish fisherman's
license transfer fees
shall be set aside to
be used only for the purpose
of buying back commercial
finfish fisherman's licenses
from a willing license
holder.

(c) License buyback
application period.

(1) The department
will open license buyback
bid application periods
(hereafter referred to
as application) if available
funds permit.

(2) The department
shall establish during
each application period
a deadline for receipt
of all applications.

(d) License buyback
application requirements.

(1) The department
shall consider all applications
to the Finfish License
Buyback Program provided
the applicants meet the
following requirements:

(A) A completed
License Buyback Application
form furnished by the
department has been submitted
to the Department by the
application deadline;

(B) The applicant
is the owner of the license
submitted for buyback;
and

(C) The applicant
has submitted to the Department
copies of all supplemental
information as required
in this subsection.

(2) A completed
License Buyback Application
shall contain:

(A) full name of
the applicant;

(B) current address
of applicant's residence;

(C) social security
number of applicant;

(D) a copy of legal
documentation that:

(i) documents applicant
holds the sole rights
and privileges to the
license; or

(ii) documents
that all members of a
partnership or association,
or each officer of a corporation,
and the owner of a majority
of a corporation's corporate
stock, are in agreement
to apply to the license
buyback program.

(E) a copy of current
commercial finfish fisherman's
license; and

(F) if required,
the applicant's bid offer,
in U.S. dollars.

(3) Department
records will be used to
verify all information
supplied by or pertaining
to the applicant's history
in the finfish fishery
and in cases where the
applicant has not provided
adequate information for
proper consideration of
the application.

(e) Finfish license
buyback criteria.

(1) The department
may establish criteria
each license year which
will be used to determine
qualifications for license
buyback.

(2) The department
may consider:

(A) duration of
participation in fishery
prior to enactment of
Parks and Wildlife Code,
''47.001-47.086;

(C) number of commercial
finfish fisherman's licenses
in the fishery issued
in the license year of
the specific bid offer
application period;

(D) bid offers
from previous application
periods;

(E) established
open market prices for
licenses; and

(F) other relevant
factors.

(f) Application
Ranking Procedures.

(1) Ranking values
will be assigned to all
applications based on
the above criteria.

(2) The Department
will purchase licenses
beginning with the highest
ranking to the lowest.

(3) If bid offers
are equally ranked, the
Department will rank according
to the ascending alphabetical
order of the applicant's
last name.

(g) Notification
of acceptance or rejection
of application.

(1) The department
will notify each applicant
in writing within 45 days
of receipt of application
regarding acceptance or
rejection of application
bid offer.

(2) Applicants
whose bids are accepted
must then notify the department
of their intent to accept
or reject the offer from
the department within
15 days of the postmark
of the notification letter
sent by the department.

(3) The unsuccessful
applicant may withdraw,
resubmit, or amend an
application for consideration
during any future application
periods.

(4) The department
will continue to purchase
in rank order as the buyback
fund permits.

(h) Delegation
of purchasing authority.
The department may designate
other qualified agents
to purchase licenses on
behalf of the department
provided all purchased
licenses are surrendered
to the department and
retired.

(-c-) not marked with
yellow flagging attached
to stakes or with a yellow
floating buoy not less
than six inches in height
and six inches in width
attached to end fixtures.
All trotline floats must
be yellow.

(-d-)(-c-) NO
TEXT CHANGE

(-e-)(-d-) NO
TEXT CHANGE

(-f-)(-e-) NO
TEXT CHANGE

(-g-)(-f-) NO
TEXT CHANGE

(II) NO CHANGE

(III) It
is unlawful to fish
for commercial purposes:

(-a-) with more
than 20 trotlines at one
time;

(-b-) any trotline
that is not marked with
yellow flagging attached
to stakes or with a floating
yellow buoy not less that
six inches in height,
six inches in length,
and six inches in width
attached to end fixtures;

(-c-) any trotline
that is not marked with
yellow flagging attached
to stakes or with a yellow
buoy bearing the commercial
finfish fisherman's license
plate number in letters
of a contrasting color
at least two inches high
attached to end fixtures;

(-d-) any trotline
that is marked with yellow
flagging or with a buoy
bearing a commercial finfish
fisherman's license plate
number other than the
commercial finfish fisherman's
license plate number displayed
on the finfish fishing
boat;

(IV) It is unlawful
to fish for non-commercial
purposes:

(-a-) with more
than 1 trotline at any
time;

(-b-) any trotline
that is not marked with
a floating yellow buoy
not less that six inches
in height, six inches
in length, and six inches
in width, bearing a two-inch
wide stripe of contrasting
color, attached to end
fixtures;

(R) NO CHANGE

'65.78. Crabs and
Ghost Shrimp

(a) - (c) NO CHANGE

(d) Devices, means
and methods.

(1) NO CHANGE

(2) Only the following
means and methods may
be used for taking crabs:

(A) NO CHANGE

(B) Crab trap.
It is unlawful to:

(i) fish for commercial
purposes under authority
of a commercial crab fisherman's
license with more than
200 crab traps at one
time;

(ii) fish for commercial
purposes under authority
of a commercial finfish
fisherman's license with
more than 20 crab traps
at one time;

(ii) (iii)
fish for non-commercial
purposes with more than
six crab traps at one
time;

(iii) (iv)
fish a crab trap in the
fresh waters of this state;

(iv) (v)
fish a crab trap that:

(I) - (III) NO
CHANGE

(v) (vi)
fish a crab trap for commercial
purposes under authority
of a commercial crab fisherman's
license: that is not
marked with a floating
white buoy not less that
six inches in height,
six inches in length,
and six inches in width
attached to the crab trap;

(vi) fish a
crab trap for commercial
purposes that is not
marked with a white
buoy bearing the commercial
crab fisherman=s license
plate number in letters
of a contrasting color
at least two inches
high attached to the
crab trap;

(vii) fish a
crab trap that is marked
with a buoy bearing
a commercial crab fisherman=s
license plate number
other than the commercial
crab fisherman=s license
plate number displayed
on the crab fishing
boat;

(I) that is not
marked with a floating
white buoy not less that
six inches in height,
six inches in length,
and six inches in width
attached to the crab trap;

(II) that is not
marked with a white buoy
bearing the commercial
crab fisherman's license
plate number in letters
of a contrasting color
at least two inches high
attached to the crab trap;

(III) that is marked
with a buoy bearing a
commercial crab fisherman's
license plate number other
than the commercial crab
fisherman's license plate
number displayed on the
crab fishing boat;

(vii) fish a crab
trap for commercial purposes
under authority of a commercial
finfish fisherman's license:

(I) that is not
marked with a floating
yellow buoy not less that
six inches in height,
six inches in length,
and six inches in width
attached to the crab trap;

(II) that is not
marked with a yellow buoy
bearing the letter ‘F’ and
the commercial finfish
fisherman's license plate
number in letters of a
contrasting color at least
two inches high attached
to the crab trap;

(III) that is marked
with a buoy bearing a
commercial finfish fisherman's
license plate number other
than the commercial finfish
fisherman's license plate
number displayed on the
finfish fishing boat;